Port Management Act 1995 (Vic)

Version No. 086

Port Management Act 1995

No. 82 of 1995

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3ATransport Integration Act 2010

3BFilming Approval Act 2014

4Owner of vessel or cargo

4ADeclaration of port of Melbourne operator

5Orders in Council

6Ports

7Subsidiary

8Crown to be bound

9Extra-territorial operation

Part 2—Provisions relating to port corporations

16Port of Melbourne Corporation—transitional powers under leases

17EPort operations

23Accountability for damage

24Liability of certain persons

Part 2A—Local ports

44AAppointment of port managers of local ports

44BGeneral powers of port managers

44BAPort managers may provide services outside local port

44BBPort managers may provide certain services

44CDelegation

44DCharges

44EDredging

44FOther works

44GPort manager may act as harbour master if there is no harbour master

Part 2B—Port licence fee

44HAADefinitions

44HLiability to pay port licence fee

44HATreasurer may require a one-off upfront licence fee for a period of up to 15 years instead of annual fees for that period

44IAmount of port licence fee

44JCalculation of port licence fee

44KNotice of annual licence fee

44LMethod of payment of annual licence fee

44MWhere are port licence fees to be paid?

44NRefund of upfront licence fee

Part 3—Regulation of port services

Division 1—Preliminary

45Definitions

46Construction of Part

47Application of Part

48Objectives of this Part

48ACommission must have regard to objectives of this Part

49Price regulation

Division 2—Port of Melbourne Pricing Order

49APricing Order

49BGeneral powers in relation to a Pricing Order

49CPricing Order must be published in the Government Gazette

49DWhen Pricing Order takes effect

49ELimitation on amending or revoking a Pricing Order

49FCircumstances in which a Pricing Order may be amended

49GCircumstances in which a Pricing Order may be wholly revoked

49HProtected provisions cannot be revoked or amended etc.

Division 2A—Monitoring compliance with Pricing Order

49IConduct of reviews into compliance with Pricing Order

49JDraft report to be provided to provider of prescribed services

49KGiving of show cause notice to non-compliant provider of prescribed services

49LRe-regulation recommendation

49MUndertakings

49NEnforcement of undertakings

Division 2B—Transitional enforcement regime for port of Melbourne operator

49OApplication of Division

49PEnforcement of Pricing Order during Pricing Order transition period

Division 2C—Complaints in relation to provision of prescribed services

49QPerson provided prescribed services may complain to ESC in relation to the provision of such services

Division 2D—Competitive neutrality pricing

Subdivision 1—Preliminary

49RDefinitions

49SMeaning of accrual building block methodology

49TMeaning of State sponsored port

49UApplication

Subdivision 2—Competitive neutrality pricing obligations

49VState sponsored port operator must provide services at not less than competitively neutral prices

49WState sponsored port operator must publish relevant service prices

49XState sponsored port operator must keep records of relevant service prices

Subdivision 3—Investigation and enforcement of competitive neutrality pricing obligations

49YCommission may be requested to inquire into relevant service prices

49ZCommission may conduct inquiry into relevant service prices

49ZACommission may determine minimum competitively neutral price for relevant service

49ZBEnforcement of Commission determinations

Subdivision 4—Competitively neutral pricing principles Order

49ZCCompetitively neutral pricing principles Order

49ZDGeneral powers in relation to competitively neutral pricing principles Order

49ZEWhen a competitively neutral pricing principles Order takes effect

49ZFLimitation on amending or revoking a competitively neutral pricing principles Order

49ZGCircumstances in which a competitively neutral pricing principles Order may be amended

49ZHCircumstances in which a competitively neutral pricing principles Order may be wholly revoked

Division 3—General economic regulation powers

53Conduct of inquiries

54General power to make determinations

Division 3A—Service quality monitoring

55Standards and conditions of service and supply

Division 3B—Information requirements and information disclosure restrictions

56Financial and business records

57Restriction on disclosure of confidential information

Division 5—Port licences

63AProvision of prescribed services without licence prohibited

63BExemptions for public sector entities that are not the port of Melbourne operator

63CExemptions by Governor in Council

63DApplication for port licence

63EGrant or refusal of application

63FProvisions relating to port licences

63GGazettal requirement in relation to grant of port licence

63HCompliance with conditions of port licence

63IVariation of port licence

63JRevocation of port licence

63KTransfer of port licence—on application by port licence holder

63LTransfer of port licence—on Minister's initiative

Division 6—Other matters

63MRevocation of ESC Price Monitoring Determination when Pricing Order takes effect

Part 4—Reservation of land

Division 1—Reservation of land for the purposes of the port of Melbourne

64Power to reserve unalienated Crown land for the purposes of the port of Melbourne

65Station Pier land deemed to be reserved land

66Powers of Ports Victoria in relation to reserved Crown land

Division 4—General

72Registrar of Titles to amend records

73Exemption from stamp duty and other taxes

Part 4A—Regulation of provision of towage services

Division 1—Preliminary

73ADefinitions

Division 2—Towage service determination

73BTowage service determination

73CProcess for making towage service determination

73DEntitlement to make submissions

Division 3—Licence required to provide towage service

73EWhat a towage service licence authorises

73FOffence to provide towage service without licence

Division 4—Licensing process

73GApplication

73HDetermination of application

73IConditions of towage service licence

73JCompliance with licence conditions

73KPeriod a towage service licence is in effect

Division 5—Renewal of towage service licence

73LApplication

73MDetermination of application

73NTowage service licence may be renewed more than once

Division 6—Amendment of licence conditions

73OPorts Victoria may amend or remove conditions or impose new conditions

Division 7—Surrender of towage service licence

73PSurrender

Division 8—Disciplinary action

73QWhen Ports Victoria may take disciplinary action against a licence holder

73RDisciplinary actions that may be taken in relation to towage service licence

73SProcedure for taking disciplinary action—show cause notice

73TPorts Victoria may extend time for making submissions in relation to show cause notices

73UDecision on taking disciplinary action

73VEffect of suspension of towage service licence

Division 9—Internal and VCAT review of decisions

Subdivision 1—Interpretation

73WReviewable decisions

Subdivision 2—Internal review

73XApplication for internal review

73YPorts Victoria may stay operation of decision subject to application for internal review

73ZDetermination of application for internal review

Subdivision 3—VCAT review

73ZAReview of Ports Victoria decisions by VCAT

Division 10—Miscellaneous

73ZBRegister of holders of towage service licences

Part 4B—Licensing of the provision of pilotage services in pilot required waters

Division 1—Preliminary

73ZCDefinitions

73ZDMeaning of applicable standards

Division 2—Licence required to provide pilotage services

73ZEWhat a pilotage services licence authorises

73ZFOffence to provide pilotage services without licence

Division 3—Licensing process

73ZGApplication

73ZHDetermination of application

73ZICancellation or suspension of pilotage services licence

73ZJSurrender of pilotage services licence

Division 4—Pilotage services standards

73ZKDetermination of pilotage services standards

Division 5—Internal and VCAT review of decisions

Subdivision 1—Interpretation

73ZLReviewable decisions

Subdivision 2—Internal review

73ZMApplication for internal review

73ZNPorts Victoria may stay operation of decision subject to application for internal review

73ZODetermination of application for internal review

Subdivision 3—VCAT review

73ZPReview of Ports Victoria decisions by VCAT

Division 6—Miscellaneous

73ZQRegister of holders of pilotage services licences

Part 5—Port fees

74AADefinitions

74ABDesignated State port entities and approved wharfage fees and channel fees

74Wharfage fees—Port of Melbourne

74AWharfage fees—Port of Hastings

75Channel fees

78Payment of wharfage and channel fees

79Interest on overdue payments

80Security for payment of wharfage and channel fees

81Liability of current owners and agents

82Waiver or refund of wharfage or channel fees

Part 5A—Powers to restrict access to areas

Division 1—Preliminary

83Definitions

Division 2—Declaration of areas

84Making a declaration of restricted access area

85Effect of declaration

86Provisions as to restricted access area declarations

87Amendment or revocation of declaration

88Publication of declaration

88AOperation of declaration where inconsistent with other powers

Division 3—Offences and other enforcement powers in relation to areas

88BOffence to enter restricted access area

88CInterference with activities

88DOffence not to give certain information to police when asked to do so

88EWarning to leave area

88FPowers to move vessels from areas

88GCertificates of authorisation

88HCertificate as evidence of area

Part 5B—Powers as to certain hazardous or polluting activities or things

Division 1—Preliminary

88IDefinitions

Division 2—Pollution abatement

88JPollution abatement by Ports Victoria

88JAPollution abatement by port of Melbourne operator

88KRecovery of costs of clean up by Ports Victoria

88KARecovery of costs of clean up by port of Melbourne operator

88LRelationship with the Environment Protection Act 2017

Division 3—Hazardous port activities

88MHazardous port activity notice

88NHazardous port activity direction

88OOffence not to comply with hazardous port activity direction

Division 4—Abandoned or unclaimed goods or things

88APDefinitions

88POffence to leave things in port waters or on port land

88QRemoval of things

88RPowers when moving things

88SRequirement to make enquiries as to owner of thing

88TDisposal of thing

88URecovery of costs

88VPayment of compensation

88WProceeds of disposal where owner not located

Part 5C—Regulation of activities in the port of Melbourne

Division 1—Preliminary

88XDefinitions

Division 2—Port operator directions

88YDirections to maintain or improve safety and security

88ZHow port operator directions are given

88ZAEnforcement of port operator directions

88ZBRecovery of costs

88ZCAdvance notice of proposed work

88ZDPower of entry

88ZEFunctions and powers may be performed or exercised by authorised officers

88ZFObstruction of authorised officer

88ZGMonitoring of port operator directions

88ZHPublication of reports about port operator directions

Division 3—Information gathering by port of Melbourne operator

88ZIPower to require information to be provided

88ZJUse and disclosure of information collected

88ZKCompliance with information direction

Division 4—Authorised officers

88ZLAppointment

88ZMIdentity cards

88ZNReturn of identity cards

88ZOProduction of identity card

Part 6—Harbour masters

Division 2—Ports Victoria may request conditions on harbour master licences

91AAPorts Victoria may request imposition or variation of condition of harbour master licence

Part 6A—Port management plans

91ADefinition

91BApplication of other Acts

91BAExtended meaning of port manager

91CPort manager's responsibilities for management plans

91CASafety and environment management planning objectives

91DSafety and environment management plans

91EAudits of compliance

91FWhen must an audit be conducted?

91FAReports on audits

91GMinisterial guidelines

91HMinisterial directions

91HAPublication of audit

91HBReporting

91ITransitional provisions—management plans

Part 6B—Port Development Strategy

91JDefinitions

91JAMinister may declare entity to be relevant port authority

91KPort Development Strategy

91LConsultation requirements

91MGuidelines

91NMinisterial directions

Part 6C—Port of Melbourne Rail Access Strategy

91ODefinitions

91PMeaning of port rail shuttle

91QRail Access Strategy

91RRail infrastructure project options in Rail Access Strategy are major infrastructure projects for the purposes of the Infrastructure Victoria Act 2015

91SConsultation

91TGuidelines

91UMinisterial directions if port of Melbourne operator fails to prepare and submit a Rail Access Strategy

91VMinisterial directions if Rail Access Strategy is non‑compliant

Part 7—General

92Port corporation may act under certain agreements and instruments

93Amendment of planning schemes

94Liability of officers of bodies corporate

95Service of documents on port corporation

96Treasurer may give guarantee

97Power to prosecute

98Regulations

Part 8—Transfer of property by port authorities to certain port corporations

Division 1—Preliminary

99Definitions

Division 2—Transfer by operation of Act

100Transfer of certain port authority property to MPC

Division 3—Transfer by allocation

101Treasurer may direct transfer of property

102Property transferred in accordance with direction

103Allocation of property etc. subject to encumbrances

104Payments in respect of financial obligations

Division 4—General

105Certificate of chief executive officer

106Value of former port authority property

107Substitution of party to agreement

108Former port authority instruments

109Proceedings

110Interests in land

111Amendment of Register

112Taxes

113Evidence

114Validity of things done under this Part

Division 5—Rights as between transferees

115Interim arrangements

116Easements

Part 9—Staff of port authorities

117Definitions

118Rights of port authority staff

119Superannuation—continuing membership

120Superannuation—transfer to Local Authorities Superannuation Fund—designated port employees

121Superannuation—change of employment—designated port employees

122Superannuation—contributions—designated port employees

123Superannuation—private sector employment—regional port employees

124Taxes

125Appropriation

Part 11—Abolition of port authorities

153Definitions

154Transfer of property to SEC and abolition of port authorities

155Substitution of party to agreement

156Port authority instruments

157Proceedings

158Interests in land

159Amendment of Register

160Taxes

161Evidence

Part 12—Transitional provisions—establishment of Port of Melbourne Corporation

162Definitions

163Transfer of property etc. from MPC to the new corporation

164Staff to be transferred from the old corporation to the new corporation

Part 13—Transitional provisions—transfer of certain VCA functions etc.

Division 1—Definitions

165Definitions

Division 2—Allocation of property etc.

166Treasurer may direct transfer of property etc.

167Property transferred to the new corporation

168Allocation of property etc. subject to encumbrances

169Substitution of party to agreement

170VCA instruments

171Taxes

172Validity of things done under this Part

173Payments in respect of financial obligations of VCA

Division 3—Staff and other matters

174List of staff to be transferred from VCA to the new corporation

175Terms of employment of staff transferred from VCA to the new corporation

176Price determination

176ASaving of port of Melbourne waters

Part 14—Transitional provisions—establishment of Port of Hastings Corporation

177Definitions

178Transfer of property etc. from HPHC to the new corporation

179Staff to be transferred from the old corporation to the new corporation

Part 15—Transitional provisions—establishment of Victorian Regional Channels Authority

180Definitions

181Transfer of property etc. from VCA to the new corporation

182Staff to be transferred from the old corporation to the new corporation

Part 16—Other savings and transitionals

183Savings for existing local authorities

184Provisions of Subordinate Legislation Act 1994 not to apply to certain ports regulations

184ATransitional provisions—2012 amendments

Part 17—Station Pier—savings and transitional

185Definitions

186Savings and transitional provisions for Station Pier

187Transfer of property etc. from old body to Port of Melbourne Corporation

Part 18—Transitional provisions—Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022

188Registered pilotage services providers taken to be issued pilotage services licence

Schedule 2

Schedule 3—Table

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 086

Port Management Act 1995

No. 82 of 1995

Version incorporating amendments as at

6 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is—

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(ab)to provide for the establishment, management and operation of commercial trading ports and local ports in Victoria; and

(b)to provide for the economic regulation of certain port services; and

(c)to provide for the imposition of certain port charges or fees; and

(d)to require the engagement of licensed harbour masters in certain circumstances and set out their functions; and

(e)to provide for the transfer of property, rights and liabilities and the management of Crown land and to make provision with respect to the rights of staff; and

(f)to amend the Port of Melbourne Authority Act 1958, the Port of Geelong Authority Act 1958, the Port of Portland Authority Act 1958, the Marine Act 1988, the Pollution of Waters by Oil and Noxious Substances Act 1986 and the Dangerous Goods Act 1985.

2Commencement

(1)This Part and section 189(7) and (8) come into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 28 November 1998, it comes into operation on that day.

3Definitions

(1)In this Act—

abandoned thing means a thing to which Division 4 of Part 5B applies;

anchorage means a place in port waters where vessels may anchor;

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cargo includes any substance or article and any container or other item used to contain any substance or article;

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channel has the same meaning as it has in section 3(1) of the Marine Safety Act 2010;

channel-dredging activities means any of the following activities to enable use of a channel by vessels—

(a)altering, dredging, cleansing, scouring, straightening and improving a channel;

(b)reducing or removing any banks or shoals within a channel;

(c)abating and removing any impediments, obstructions and nuisances in a channel that are injurious to the seabed or that obstruct or tend to obstruct navigation;

(d)placing or disposing of excavated or dredged material resulting from the carrying out of an activity referred to in paragraph (a), (b) or (c);

(e)undertaking any works necessary to place or dispose of excavated or dredged material resulting from the carrying out of an activity referred to in paragraph (a), (b) or (c);

channel fee means a fee under section 75;

channel operator means—

(a)in the case of port of Melbourne waters, Ports Victoria;

(b)in the case of any other port waters, a person who manages channels in those waters under an agreement with Ports Victoria;

coastal vested land means—

(a)in relation to PGA, Crown land—

(i)that is vested in PGA and that was so vested by or under the Port of Geelong Authority Act 1958; and

(ii)that is marine and coastal Crown land within the meaning of the Marine and Coastal Act 2018;

(b)in relation to PPA, Crown land—

(i)that is vested in PPA and that was so vested by or under the Port of Portland Authority Act 1958; and

(ii)that is marine and coastal Crown land within the meaning of the Marine and Coastal Act 2018—

but does not include any land vested in PGA or PPA that is declared by Order in Council under section 5(4) not to be coastal vested land for the purposes of this Act;

commercial trading port means the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings and any other port declared to be a commercial trading port by Order in Council under section 6;

development includes—

(a)the construction, extension, demolition or removal of a building or works;

(b)the decoration or alteration of the inside or outside of a building or the alteration of works;

(c)the subdivision or consolidation of land, airspace or buildings;

(d)the installation, provision or operation of facilities or services;

*                *                *                *                *

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

former SEC has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958;

harbour master has the same meaning as in the Marine Safety Act 2010;

harbour master licence has the same meaning as in the Marine Safety Act 2010;

hazardous port activity means any activity involving the following—

(a)the transfer of dry or liquid cargoes to and from vessels or wharves;

(ab)the transfer of liquid fuel or other non‑cargo liquids by flexible hose to and from vessels or wharves;

(b)hot works, being welding, thermal or oxygen cutting or heating or any other heat producing or spark producing activity;

*                *                *                *                *

instrumentincludes a document and an oral agreement;

leased port of Melbourne land means port of Melbourne land in respect of which the port of Melbourne operator holds a leasehold interest;

liabilitiesmeans all liabilities, duties and obligations, whether actual, contingent or prospective;

licensed harbour master means a harbour master licensed by Safe Transport Victoria under the Marine Safety Act 2010;

local port means a port declared to be a local port by Order in Council under section 6;

*                *                *                *                *

management plan means a safety management plan or an environment management plan required by section 91C;

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*                *                *                *                *

navigation aid has the same meaning as it has in section 3(1) of the Marine Safety Act 2010;

owner, in relation to a vessel or cargo, means owner within the meaning of section 4;

partner of a person means the person's spouse or domestic partner;

PGA means Port of Geelong Authority;

*                *                *                *                *

*                *                *                *                *

police officer has the same meaning as in the Victoria Police Act 2013;

port means the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings and any other port declared under section 6 in relation to which port lands or port waters or both port lands and port waters have been declared under section 5;

Port Act means the Port of Geelong Authority Act 1958, the Port of Melbourne Authority Act 1958 or the Port of Portland Authority Act 1958;

port authority means Port of Melbourne Authority, Port of Geelong Authority or Port of Portland Authority;

port authority abolition date, in relation to a port authority, means the date fixed by the Governor in Council by Order under section 153(2) for the purposes of that port authority;

port corporation means Port of Hastings Development Authority or Ports Victoria;

port landmeans—

(a)in the case of the port of Melbourne, the port of Melbourne land;

(b)in the cases of the port of Geelong, Portland or Hastings, the land declared by Order in Council made under section 5(1) to be the port land of that port;

port licence means a licence granted under Division 5 of Part 3;

port licence fee means the fee payable by the port licence holder under Part 2B;

port licence holder means the holder of a port licence;

port manager means—

(a)in the case of a commercial trading port, the person or body who effectively manages, superintends or controls the operation of the port or part of the port, but does not include a tenant or occupier of part of the port unless the tenant or occupier has entered into a port management agreement to manage the operations of that part of the port; or

(b)in the case of a local port, the person or body appointed under section 44A to be the port manager of the port;

port of Hastings means port of Hastings land and port of Hastings waters;

Port of Hastings Development Authority has the same meaning as in the Transport Integration Act 2010;

port of Hastings land means land declared by Order in Council under section 5(1) of the Port Management Act 1995 to be the port land of the port of Hastings;

port of Hastings waters means waters declared by Order in Council under section 5(2) of the Port Management Act 1995 to be the port waters of the port of Hastings;

port of Melbourne means port of Melbourne land and port of Melbourne waters;

*                *                *                *                *

port of Melbourne land means land that is in the municipal district of the Melbourne City Council, Maribyrnong City Council, Hobsons Bay City Council or Port Phillip City Council or any land in Port Phillip Bay adjoining one or more of those municipal districts, being—

(a)land—

(i)an interest in which (being an interest that is in the nature of a freehold or leasehold interest or a licence) is held by a public sector entity or the port of Melbourne operator; and

(ii)that is declared by the Order in Council under section 5(1A) to be port of Melbourne land; and

(b)any land that is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 for the purposes of the port of Melbourne by the operation of Part 4;

port of Melbourne operator means a person declared under section 4A to be the port of Melbourne operator;

port of Melbourne waters means any waters which by Order in Council made under section 5(2) are declared to be port waters of the port of Melbourne;

port operator means a person who owns the business of, or is responsible for the management and operations of, the port of Geelong, Portland or Hastings or a berth located in one of those ports but does not include a port authority;

port property, in relation to the former SEC, has the same meaning as in section 85(3) of the Former SEC (Residual Provisions) Act 1958;

port safety officer, in relation to the port of Melbourne, means a person appointed under section 230L of the Transport Act 1983;

port waters, in relation to a port, means the waters declared by Order in Council under section 5(2) to be port waters of the port;

Ports Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

PPAmeans Port of Portland Authority;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

provision of channels includes carrying out channel-dredging activities;

public entity has the same meaning as in the Public Administration Act 2004;

public sector entity has the same meaning as in the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016;

quarter means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June in any year;

restricted access area means an area that is the subject of a declaration under Division 2 of Part 5A;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

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Secretary means the Department Head, within the meaning of the Public Administration Act 2004, of the Department of Transport and Planning;

spouse of a person means a person to whom the person is married;

Station Pier land means the land shown outlined in black on the plan lodged in the Central Plan Office and numbered OP 119746—A;

stevedoring means the loading or unloading of the cargo of a vessel and incidental activities such as the handling or storage of cargo or stevedoring equipment at the place at which the cargo is loaded or unloaded;

VCA means the Victorian Channels Authority as in force immediately before the commencement of section 10 of the Port Services (Port Management Reform) Act 2003;

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*                *                *                *                *

vessel has the same meaning as it has in section 3(1) of the Marine Safety Act 2010;

wharfage fee means a fee under section 74;

worksincludes—

(a)any change to the natural or existing condition or topography of land;

(b)the removal of vegetation or topsoil;

(c)land reclamation and land decontamination;

(d)the construction, demolition or substantial alteration of any structure in or on land;

(e)dredging.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

3ATransport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

3BFilming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

4Owner of vessel or cargo

(1)A reference in this Act to the owner of a vessel includes a reference to—

(a)a person to whom the vessel belongs; or

(b)a person who has chartered the vessel.

(2)A reference in this Act to the owner of a vessel or cargo includes a reference to any person who, whether on the person's own behalf or on behalf of another—

(a)exercises any of the functions of the owner of the vessel or cargo; or

(b)represents to the port of Melbourne operator, Ports Victoria or a port operator that the person has those functions or accepts the obligation to exercise those functions.

(3)For the purposes of this Act, a person does not cease to be an owner of a vessel because the vessel is mortgaged, chartered, leased or hired to another person.

4ADeclaration of port of Melbourne operator

The Minister, by Order published in the Government Gazette, may declare that a person specified in the Order is on and after a date specified in the Order the port of Melbourne operator.

5Orders in Council

(1)The Governor in Council may, by Order published in the Government Gazette, declare any lands, or 2 or more areas of lands, to be the port land of the port of Geelong, the port of Portland, the port of Hastings or any other commercial trading port or a local port.

(1A)The Governor in Council may, from time to time, by Order published in the Government Gazette, declare any land, an interest in which (being an interest in the nature of a freehold or leasehold interest or a licence) is held by the Port of Melbourne Corporation, to be port of Melbourne land.

(2)The Governor in Council may, by Order published in the Government Gazette, declare any waters, or 2 or more areas of waters, to be the port waters of the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings or any other commercial trading port or a local port.

(3)An Order under subsection (1), (1A) or (2) must contain a description of the port land or port waters that is sufficient to identify it and to define its boundaries.

(4)The Governor in Council may on the recommendation of the Minister administering the Crown Land (Reserves) Act 1978, by Order published in the Government Gazette, declare any land vested in PGA or PPA not to be coastal vested land for the purposes of this Act.

(5)The Governor in Council may, by Order published in the Government Gazette, amend a declaration of port lands or a declaration of port waters or a declaration of both port lands and port waters so as to—

(a)include an area of lands and waters or lands or waters in, or exclude an area of lands and waters or lands or waters from, that declaration; or

(b)correct any error in that description of the lands or waters.

(6)A port consists of the area or areas of lands and waters or lands or waters that are from time to time declared in relation to that port by Order of the Governor in Council under this section.

(7)An Order of the Governor in Council may describe an area of lands or waters by reference to any map or plan lodged in the Central Plan Office.

6Ports

The Governor in Council may by Order published in the Government Gazette—

(a)name the port established by the area of lands and waters or lands or waters declared by an Order under section 5;

(b)declare the port to be a commercial trading port or a local port for the purposes of this Act;

(c)revoke the declaration of a port as a commercial trading port or a local port;

(d)declare a port that has been declared by Order in Council to be a local port to be a commercial trading port;

(e)declare part of a port that has been declared by Order in Council to be a local port to be a commercial trading port;

(f)declare a port that has been declared by Order in Council to be a commercial trading port to be a local port;

(g)declare part of a port that has been declared by Order in Council to be a commercial trading port to be a local port;

(h)amend the name of a port that has been established by Order in Council.

7Subsidiary

For the purposes of this Act, the question whether a body corporate is a subsidiary of Ports Victoria shall be determined in the same manner as the question would be determined under the Corporations Act of Victoria if Ports Victoria and the body corporate were corporations within the meaning of that Act.

8Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

9Extra-territorial operation

It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—

(a)land situated outside Victoria, whether in or outside Australia;

(b)things situated outside Victoria, whether in or outside Australia;

(c)acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;

(d)things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

PART 2—PROVISIONS RELATING TO PORT CORPORATIONS

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16Port of Melbourne Corporation—transitional powers under leases

Despite the repeal of the Port of Melbourne Authority Act 1958, the Port of Melbourne Corporation may decline an option on a lease that was in force immediately before the relevant date under Part 8 having regard to the requirements for port purposes pursuant to the Port of Melbourne Authority Act 1958 as if that Act were still in operation.

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17EPort operations

(1)The Port of Hastings Development Authority must administer any port management agreement in force in relation to the port of Hastings.

(2)The Port of Hastings Development Authority must notify the Minister and the Treasurer immediately if—

(a)a port management agreement is terminated; or

(b)a default occurs under the agreement; or

(c)the Port of Hastings Development Authority has reason to believe it is likely that—

(i)the port management agreement may be terminated; or

(ii)a default may occur under the agreement.

(3)The Port of Hastings Development Authority must notify the Minister and the Treasurer of its recommended course of action consequent on a termination or default or likely termination or default notified under subsection (2).

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23Accountability for damage

(1)A person who by any act done or omitted to be done on port land or port waters (including an act that causes an obstruction to navigation in port waters)—

(a)causes damage to—

(i)any property (whether real or personal) of Ports Victoria or of a channel operator (being property used by the channel operator in connection with the exercise of its function as channel operator); or

(ia)any property (whether real or personal) of the port of Melbourne operator (being property used by the port of Melbourne operator in connection with the provision of channels by it); or

(ii)any building, works, infrastructure or facilities erected, established, installed, provided, managed or maintained by Ports Victoria or a channel operator under or for the purposes of this Act; or

(b)causes Ports Victoria, a channel operator as channel operator or the port of Melbourne operator to suffer economic loss—

is liable to pay damages to Ports Victoria, the channel operator or the port of Melbourne operator (as the case requires) in respect of that damage or loss.

(2)If damage or loss of a kind referred to in subsection (1) is caused by a vessel or by any person employed in or about the vessel, the owner, master and agent of the vessel, or any of them, is liable to pay damages to Ports Victoria, the channel operator or the port of Melbourne operator in respect of that damage or loss and that liability exists despite the fact—

(a)that the damage or loss was caused by act of God or inevitable accident or otherwise without negligence or wrongful act or omission on the part of any person; or

(b)that the vessel was under compulsory pilotage.

(2A)Ports Victoria, a channel operator or the port of Melbourne operator may recover any damages to which it is entitled under subsection (1) or (2) in any court of competent jurisdiction.

(3)Nothing in this section prejudices any other rights which Ports Victoria, a channel operator or the port of Melbourne operator may have, or limits any liabilities to which a vessel or its master, owner or agent may be subject, in respect of any damage or loss caused by the vessel.

24Liability of certain persons

(1)If any sum has been paid to Ports Victoria, a channel operator or the port of Melbourne operator by, or recovered from, the owner, master or agent of a vessel as damages for any damage or loss under section 23, the owner, master or agent may, if the damage or loss was due to the negligence of a person other than the owner, master or agent, recover from that person the sum so paid or recovered (together with the costs of levying and recovering it) in any court of competent jurisdiction.

(2)Nothing in this section deprives any licensed pilot of the benefit of any statutory limitation of liability.

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PART 2A—LOCAL PORTS

44AAppointment of port managers of local ports

(1)The Governor in Council may by instrument appoint as the port manager of a local port a committee of management of Crown land that is within the port.

(2)The Governor in Council may—

(a)revoke the appointment of a port manager of a local port;

(b)if the name of a port manager changes, make corresponding amendments to the instrument of appointment of the port manager.

(3)A port manager for a local port has the following functions—

(a)to manage the operations of the port, particularly with respect to shipping and boating activities in the port, with a view to ensuring that those operations are carried out safely, efficiently and effectively;

(b)to provide, develop and maintain port facilities, including wharves, jetties, slipways, breakwaters, moorings, buildings and vehicle parks;

(c)to provide, develop and maintain, in accordance with any relevant standards developed by Safe Transport Victoria, navigational aids in the port;

(d)to carry out the functions and powers of a local authority under the Marine Safety Act 2010 in respect of any State waters within the port;

(e)to provide, develop and maintain, in accordance with any relevant standards developed by Safe Transport Victoria, navigation channels in the port;

(f)to manage the operations of the port, and the construction and operation of port facilities and navigation channels in a manner that minimises the risk of environmental damage;

(g)to participate in the control of marine and land pollution in the port as a relevant statutory authority under the Victorian component of the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances;

(h)to allocate and manage moorings and berths in the port;

(i)to exercise any other functions of the port manager of a local port under this or any other Act;

(j)to do anything else in relation to the port that is specified by Order of the Governor in Council under subsection (4).

(4)The Governor in Council on the recommendation of the Minister may declare, by Order published in the Government Gazette—

(a)that port managers are to have additional functions in relation to local ports;

(b)that a particular port manager is to have an additional function in relation to its local port or to a specified part of its local port;

(c)that a particular port manager is not to have a particular function (including a function referred to in subsection (3)) in relation to its local port or to a specified part of its local port.

(5)The Minister must not make a recommendation under subsection (4) unless the Minister—

(a)has consulted with—

(i)the Minister administering the Crown Land (Reserves) Act 1978; and

(ii)the Minister administering the Marine and Coastal Act 2018;

(b)is satisfied that the additional functions are necessary or desirable because of the particular operations or location of the port.

(6)The Order in Council must specify the function that is being added or removed.

(7)An Order in Council takes effect on the day after the day the Order is published in the Government Gazette, or on any later date specified in the Order.

44BGeneral powers of port managers

(1)A port manager of a local port may do all things that are necessary or convenient to enable it to carry out its functions under section 44A.

(1A)A port manager may do all things that are necessary or convenient to enable it to provide a service, or part of a service, that it is directed or authorised to provide under section 44BA outside the port lands or waters of its local port.

(2)Without limiting subsection (1), a port manager may—

(a)enter into other contracts and agreements (including contracts of indemnity and contracts for the provision of services or facilities);

(b)employ staff, or engage consultants, contractors or agents;

(c)exercise its powers outside the port lands or waters of the port to the extent necessary or convenient to carry out the functions of port manager of that port or to ensure the safe operation of the port;

(d)exercise its powers outside the port lands or waters of the port to the extent necessary or convenient to provide a service, or part of a service, that the port manager is directed or authorised to provide under section 44BA;

(e)exercise its powers outside the port lands or waters of the port to the extent necessary or convenient in an emergency or to avert an imminent threat of death or serious injury to persons or serious damage to the environment or property.

44BAPort managers may provide services outside local port

(1)The Minister may direct or authorise a port manager of a local port to provide a particular or class of port service or navigation or marine service (including any technical, advisory, maintenance and other services) outside the port lands or waters of its local port.

(2)A direction or authorisation under subsection (1) is subject to any conditions or limitations that the Minister specifies.

(3)The Minister may permit a port manager to impose a charge in accordance with section 44D for the provision of the service to which the direction or authorisation relates.

(4)If the Minister permits a port manager to impose a charge in accordance with section 44D, the Minister—

(a)must specify whether or not the amount of the charge the port manager may impose is permitted to exceed the cost of providing the service; and

(b)may specify the basis on which the port manager is permitted to calculate the amount of the charge, including whether or not the charge may be calculated on a commercial basis; and

(c)may specify circumstances in which the port manager is required to waive or reduce the charge, in addition to any exemptions the port manager may provide for under section 44D(4).

44BBPort managers may provide certain services

(1)The Minister may direct or authorise a port manager of a local port to provide technical, advisory, maintenance and related services to persons or bodies that own, control, operate or maintain, or propose to own, control, operate or maintain, infrastructure or marine assets in the port lands or waters of the port manager's local port.

(2)A direction or authorisation under subsection (1) is subject to any conditions or limitations that the Minister specifies.

(3)The Minister may permit a port manager to impose a charge in accordance with section 44D for the provision of the service to which the direction or authorisation relates.

(4)If the Minister permits a port manager to impose a charge in accordance with section 44D, the Minister—

(a)must specify whether or not the amount of the charge the port manager may impose is permitted to exceed the cost of providing the service; and

(b)may specify the basis on which the port manager is permitted to calculate the amount of the charge, including whether or not the charge may be calculated on a commercial basis; and

(c)may specify circumstances in which the port manager is required to waive or reduce the charge, in addition to any exemptions the port manager may provide for under section 44D(4).

44CDelegation

The port manager of a local port may delegate, in writing, any power conferred on it by or under this Act (other than this power of delegation) to any of its employees.

44DCharges

(1)Subject to subsection (3), the port manager of a local port may impose a charge for the following—

(a)the use of a facility in the port;

(b)the provision of any service or part of a service (other than a service referred to in section 44BB) by the port manager in the port;

(c)the provision of a service outside the port lands or waters of its local port in accordance with a direction or authorisation under section 44BA, to the extent the direction or authorisation authorises a charge to be imposed;

(d)the provision of a service in the port lands or waters of its local port in accordance with a direction or authorisation under section 44BB, to the extent the direction or authorisation authorises a charge to be imposed.

(2)A reference in this section to the use of a facility includes a reference—

(a)to the use of a channel in the port; and

(b)to the use of an area for a swing mooring.

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(3)The amount of a charge imposed under this section in respect of a facility, service or part of a service must not exceed the maximum charge (if any) that the regulations state is to be the maximum amount that may be charged by a port manager for the use of such a facility or the provision of such a service or part of a service.

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(4)In imposing a charge under this section, the port manager may—

(a)make allowances for differences in time, place or circumstance relating to the use of the facility or the provision of the service for which the charge is being imposed; and

(b)may provide for exemptions from the charge in specified circumstances.

(5)In imposing a charge, the port manager must specify who is to be liable for paying the charge.

(6)The port manager must ensure that it does not impose a charge on a person for using a facility or receiving a service unless it gave the person adequate notice of the charge before the person became liable to pay the charge.

(7)A charge imposed under this section is a debt due to the port manager by the person who is liable to pay it.

(8)A port manager may charge interest at the rate not exceeding the rate fixed under section 2 of the Penalty Interest Rates Act 1983 on any unpaid charge that is due to the port manager.

44EDredging

Subject to obtaining any permit, consent or other authority required by or under any other Act, the port manager of a local port may, in carrying out its functions—

(a)alter, dredge, cleanse, scour, straighten and improve the bed and channel of any river or sea-bed in port waters;

(b)reduce or remove any banks or shoals within any such river or sea-bed;

(c)abate and remove impediments, obstructions and nuisances in, or on the banks and shores of, any such river or sea-bed that are injurious to the river or sea-bed or that obstruct, or that may tend to obstruct, navigation.

44FOther works

Subject to obtaining any permit, consent or other authority required by or under any other Act, in carrying out its functions in relation to the provision, development and maintenance of port facilities, a port manager of a local port may—

(a)change the natural or existing condition or topography of land;

(b)remove vegetation or topsoil;

(c)reclaim or decontaminate land;

(d)construct, demolish or substantially alter any structure in or on land;

(e)remove, decommission or make safe any existing facility.

44GPort manager may act as harbour master if there is no harbour master

(1)This section applies if there is no harbour master for a local port.

(2)Sections 221, 232, 233, 234, 235, 236, 237 and 238 of the Marine Safety Act 2010 apply as if a reference in those provisions to a harbour master were a reference to the port manager for the local port.

PART 2B—PORT LICENCE FEE

44HAA Definitions

In this Part—

annual licence fee means the port licence fee payable under section 44H;

upfront licence fee means the port licence fee payable under section 44HA;

Victorian Transport Fund means the Fund established under section 13 of the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016.

44HLiability to pay port licence fee

(1)The port licence holder is liable to pay a port licence fee in respect of the port licence the port licence holder holds.

(2)The port licence fee is payable for each financial year the port licence is in force on and after 1 July 2015 (an annual licence fee).

(3)The amount of the annual licence fee is the amount calculated in accordance with this Part.

(4)The amount of the annual licence fee that is payable is not to be adjusted even if the obligation to pay the fee arises after the beginning of the financial year in respect of which the fee is payable.

(5)No amount of an annual licence fee that has been paid is to be refunded if the port licence ceases to be in force before the end of the financial year in respect of which that fee has been paid.

44HA   Treasurer may require a one-off upfront licence fee for a period of up to 15 years instead of annual fees for that period

(1)Despite section 44H, the Treasurer, in respect of a period of up to 15 years ending on or before 1 July 2032, may require the port licence holder to pay to the Treasurer, before that period commences, a fee determined by the Treasurer in relation to all of the financial years encompassed by that period in which the port licence will be in force (an upfront licence fee) instead of the annual licence fees that would otherwise be payable under section 44H for those financial years.

(2)In determining an upfront licence fee, the Treasurer may have regard to the way section 44J would otherwise apply to determine the annual licence fee for each financial year encompassed by the period to which the upfront licence fee relates.

(3)Subsection (2) does not limit how the Treasurer may determine an upfront licence fee.

(4)The payment of an upfront licence fee satisfies any obligation a port licence holder has to pay an annual licence fee for a financial year that would otherwise arise under section 44H if that upfront licence fee relates to a period that encompasses that financial year.

(5)No upfront licence fee, and no part of an upfront licence fee, that is paid in accordance with this section is to be refunded to the port licence holder except as provided under section 44N.

44IAmount of port licence fee

(1)The amount of the port licence fee payable in respect of the financial year commencing on 1 July 2012 is $75 million.

(2)The amount of the port licence fee payable in respect of each subsequent financial year is the amount calculated under section 44J.

44JCalculation of port licence fee

(1)For the purposes of section 44I(2), the amount is calculated in accordance with the formula—

where—

Ais the amount of the fee for the financial year immediately preceding the financial year in respect of which the fee is payable;

Bis the sum of the consumer price index numbers for the consecutive reference periods in respect of the period commencing on 1 January and ending on the next following 31 December in the financial year 2 years earlier than the financial year in respect of which the fee is payable last published by the Australian Bureau of Statistics as at 15 April immediately preceding the financial year in respect of which the fee is payable;

Cis the sum of the consumer price index numbers for the consecutive reference periods in respect of the period commencing on 1 January in the financial year 3 years earlier than the financial year in respect of which the fee is payable and ending on the next following 31 December immediately preceding the financial year for which the fee is payable.

(2)If it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole dollar, the amount is taken to be calculated in accordance with this section if the calculation is made to the nearest whole dollar.

(3)In this section—

consumer price index means the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics.

44KNotice of annual licence fee

(1)The Minister must cause a notice to be published in the Government Gazette specifying the amount of an annual licence fee calculated in accordance with section 44J before the 1 June that immediately precedes the financial year to which the annual licence fee relates.

(2)A failure to comply with subsection (1) in respect of a financial year does not affect the obligation of the port licence holder under section 44H to pay the annual licence fee for that year.

44LMethod of payment of annuallicence fee

(1)The annual licence fee for a financial year is payable by the port licence holder in quarterly instalments.

(2)The Minister must issue a fee notice to the port licence holder on or before the first day of a financial year specifying—

(a)the amount of the annual licence fee payable in respect of that financial year; and

(b)the amount payable for each quarterly instalment and the dates on which payment is due.

(3)The port licence holder must pay each instalment amount specified in the fee notice to the Minister within 30 days after the last day of the quarter to which the instalment relates.

44MWhere are port licence fees to be paid?

(1)An annual licence fee (including an instalment amount of an annual licence fee) is to be paid into the Consolidated Fund.

(2)An upfront licence fee is to be paid into the Victorian Transport Fund unless the Treasurer directs that the fee is to be paid into the Consolidated Fund.

44NRefund of upfront licence fee

(1)This section applies if—

(a)the port licence holder has paid an upfront licence fee; and

(b)before the period for which the port licence holder has paid that fee ends, the Minister revokes the holder's port licence under section 63J on a ground specified in the licence as a ground on which a refund of an upfront licence or part of an upfront licence fee is payable.

(2)There must be paid to the previous port licence holder an amount (the refund amount) that is attributable to the financial years that have not passed and are encompassed by the period to which the upfront licence relates.

(3)The refund amount must be paid as follows—

(a)if the upfront licence fee was paid into the Victorian Transport Fund and there are sufficient funds in that Fund for that payment, from that Fund;

(b)if the upfront licence fee was paid into the Victorian Transport Fund but there are insufficient funds in that Fund for that payment, from—

(i)that Fund; and

(ii)the Consolidated Fund in respect of any part of the amount that cannot be met by funds in the Victorian Transport Fund;

(c)if the upfront licence fee was paid into the Consolidated Fund, from the Consolidated Fund.

(4)The Consolidated Fund is appropriated to the extent necessary for the purposes of a payment of a refund amount under subsection (3)(b)(ii) or (c).

(5)In this section—

previous port licence holder means the person who held the port licence that has been revoked under section 63J and to which this section applies.

PART 3—REGULATION OF PORT SERVICES

Division 1—Preliminary

45Definitions

In this Part—

adverse compliance report, in relation to a provider of prescribed services, means a final published report in which the Commission has found that the provider has not complied with a Pricing Order in a significant and sustained manner;

associated entity has the same meaning as in the Corporations Act;

authorised transaction has the same meaning as in the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016;

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Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

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Dedicated Channels means that part of port of Melbourne waters that are north of Fawkner Beacon;

enforceable provision means a provision of a Pricing Order that is prescribed;

ESC Minister means the Minister administering the Essential Services Commission Act 2001;

ESC Price Monitoring Determination means—

(a)the determination of the Commission under Part 3 of the Essential Services Commission Act 2001 titled the "Price Monitoring Determination for Victorian Ports 2010" made on 4 May 2010, as amended from time to time;

(b)any determination under Part 3 of the Essential Services Commission Act 2001 made by the Commission that revokes and substitutes, or supersedes, the determination referred to in paragraph (a), as amended from time to time;

final published report means a report on an inquiry under section 49I laid before each House of the Parliament or made available for public inspection in accordance with section 45 of the Essential Services Commission Act 2001;

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port assetshas the same meaning as in the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016;

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prescribed prices means the prices specified in section 49(1)(b);

prescribed services means the services specified in section 49(1)(c);

Pricing Order means an Order in Council made under section 49A;

Pricing Order transition period means the period specified under a Pricing Order;

protected provision means—

(a)a provision of a Pricing Order that specifies the initial values of assets used by a provider of prescribed services to provide those services, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong; or

(b)a provision of a Pricing Order that specifies the economic life of an asset used by a provider of prescribed services to provide those services for amortisation and depreciation purposes; or

(c)a provision of a Pricing Order specified under a Pricing Order as a protected provision;

regulated industry means the industry specified in section 49(1)(a);

re-regulation recommendation means a recommendation of the ESC Minister to the Governor in Council to make an Order under section 49A that amends or revokes provisions of a Pricing Order to make Division 3 apply in relation to the provision of prescribed services;

seaward limit

means the line constituting

the arc of a circle with a radius of 3 nautical miles centred on position 38°17'.52' S144°36'.84"E (Point Lonsdale Signal Station);

Shared Channels means that part of port of Melbourne waters extending from the seaward limit to Point Richards in the direction of Geelong and Fawkner Beacon in the direction of Melbourne, including the channels known as the Great Ship Channel and adjacent channels and the South Channel;

show cause notice means a notice under section 49K(1).

46Construction of Part

This Part is relevant legislation for the purposes of the Essential Services Commission Act 2001.

47Application of Part

(1)Subject to this section, this Part applies to any person, including a person who is a provider of prescribed services.

(2)Division 3 applies (and Divisions 2A and 2B do not apply) in relation to the provision of prescribed services if a Pricing Order declares that—

(a)Division 3 applies in relation to the provision of prescribed services; and

(b)the Pricing Order (other than the protected provisions) does not apply in relation to the provision of prescribed services.

(3)To avoid doubt, Divisions 2A and 2B do not apply, and Division 3 applies, to the provision of prescribed services if there is no Pricing Order in effect.

48Objectives of this Part

(1)The objectives of this Part are—

(a)to promote efficient use of, and investment in, the provision of prescribed services for the long-term interests of users and Victorian consumers; and

(b)to protect the interests of users of prescribed services by ensuring that prescribed prices are fair and reasonable whilst having regard to the level of competition in, and efficiency of, the regulated industry; and

(c)to allow a provider of prescribed services a reasonable opportunity to recover the efficient costs of providing prescribed services, including a return commensurate with the risks involved; and

(d)to facilitate and promote competition—

(i)between ports; and

(ii)between shippers; and

(iii)between other persons conducting other commercial activities in ports; and

(e)to eliminate resource allocation distortions by prohibiting a State sponsored port operator from providing a relevant service at a price lower than the competitively neutral price for that service.

(2)In this section, competitively neutral price, State sponsored port operator and relevant services each have the meaning given to them by section 49R.

48ACommission must have regard to objectives of this Part

In addition to the objectives under section 8 of the Essential Services Commission Act 2001 (but subject to section 5(2) of that Act), the Commission must have regard to the objectives set out in section 48 when performing its functions or exercising its powers in relation to the regulated industry.

49Price regulation

(1)For the purposes of Part 3 of the Essential Services Commission Act 2001—

(a)the port industry in a commercial trading port is a regulated industry;

(b)the prices charged for the provision of, or in connection with, prescribed services in respect of the regulated industry, other than prescribed prices for prescribed services within the meaning of the Grain Handling and Storage Act 1995, are prescribed prices;

(c)the following are prescribed services—

(i)the provision of channels (except anchorages) for use by shipping in port of Melbourne waters, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong and the Dedicated Channels used by vessels bound for the port of Melbourne;

(ii)the provision of berths, buoys or dolphins in connection with the berthing of vessels in the port of Melbourne;

(iii)the provision of short-term storage or cargo marshalling facilities in connection with the loading or unloading of vessels at berths, buoys or dolphins in the port of Melbourne;

(iv)the provision of access to, or allowing the use of, places or infrastructure (including wharves, slipways, gangways, roads and rail infrastructure) on port of Melbourne land for the provision of services to port users;

Examples

Tanker, wharf and water inspection services, and security services, are kinds of services that are provided to port users on port of Melbourne land.

(v)any other service that is prescribed by the regulations.

(2)For the purposes of Part 3 of the Essential Services Commission Act 2001—

(a)a granting of a lease or sublease by the port of Melbourne operator pursuant to which a person is permitted to provide any of the following in the port of Melbourne to other persons is not a prescribed service—

(i)container terminal or stevedoring operations;

(ii)automotive terminal or stevedoring operations;

(iii)dry-bulk terminal or stevedoring operations;

(iv)liquid-bulk terminal or stevedoring operations;

(v)break-bulk terminal or stevedoring operations;

(vi)an activity or operations specified in the regulations; and

(b)the services described in subparagraphs (i) to (v) of subsection (1)(c) are not prescribed services if Ports Victoria provides those services.

Division 2—Port of Melbourne Pricing Order

49APricing Order

(1)The Governor in Council, on the recommendation of the ESC Minister, may make an Order—

(a)for or with respect to the provision of prescribed services; and

(b)for the regulation, in such manner as the Governor in Council thinks fit, of the prices for the provision of prescribed services.

(2)Without limiting the generality of subsection (1)(a), an Order under subsection (1) may—

(a)declare whether Division 2A, 2B or 3, or the Order, applies in relation to the provision of prescribed services; and

Note

See also section 47(2).

(b)specify a provision of the Order as a protected provision; and

(c)specify a period commencing on the day the Pricing Order takes effect as the Pricing Order transition period; and

(d)specify procedures to enable monitoring of compliance with the Order; and

(e)specify how specified information is to be recorded and kept; and

(f)require persons to prepare and give reports to the Commission about specified information or specified matters.

(3)Without limiting the generality of subsection (1)(b), the manner may include any one or more of the following—

(a)monitoring the level of prices for prescribed services or any component of prescribed services;

(b)specifying pricing policies or principles;

(c)specifying cost measurement and allocation principles;

(d)specifying initial values of assets used by the port of Melbourne operator to provide prescribed services, including the initial values of the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong;

(e)specifying the treatment of capital expenditure;

(f)fixing the price or the rate of increase or decrease in a price;

(g)fixing a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price;

(h)fixing an average price for prescribed services or any component of prescribed services, or an average rate of increase or decrease in the average price;

(i)specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;

(j)specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the rate or supply of prescribed services or any component of prescribed services;

(k)fixing a maximum revenue or maximum rate of increase or minimum rate of decrease in the maximum revenue in relation to prescribed services or any component of prescribed services;

(l)providing for a return on, or return of, capital—

(i)before any relevant capital expenditure is incurred; or

(ii)over a period that is shorter than the projected economic life of the relevant asset; or

(iii)if the provider of prescribed services to whom the Order applies or any associated entity of the provider is a private sector entity who has been granted a lease of port assets for the purposes of an authorised transaction, on an uneven basis during the period that equates to the term of that lease.

49BGeneral powers in relation to a Pricing Order

A Pricing Order may—

(a)confer functions and powers on, or leave any matter to be decided by, the Commission; and

(b)be of general or limited application; and

(c)differ according to differences in time, place or circumstances.

49CPricing Order must be published in the Government Gazette

A Pricing Order must be published in the Government Gazette.

49DWhen Pricing Order takes effect

A Pricing Order takes effect—

(a)on the day the Order is published in the Government Gazette; or

(b)if a later day is specified in the Order, on that day.

49ELimitation on amending or revoking a Pricing Order

A Pricing Order cannot be amended or revoked except in accordance with this Division.

49FCircumstances in which a Pricing Order may be amended

(1)Subject to sections 49G and 49H, a Pricing Order may only be amended by an Order made under section 49A as follows—

(a)to revoke a provision that declares that Division 3 does not apply in relation to the provision of prescribed services;

Note

See also section 47(2).

(b)to revoke a provision because of the commencement of port operations at a new container port in Victoria;

(c)to make consequential amendments to the Order as a result of a revocation of the kind provided under paragraph (a) or (b);

(d)with the agreement of the provider of prescribed services to whom the Order applies.

(2)A Pricing Order may only be amended as provided under subsection (1)(a) if the ESC Minister decides to make a re-regulation recommendation.

Note

See also section 49L.

49GCircumstances in which a Pricing Order may be wholly revoked

A Pricing Order may be wholly revoked by an Order made under section 49A if—

(a)the provider of prescribed services to whom the Order applies is a public entity; or

(b)the provider of prescribed services to whom the Order applies agrees to the revocation.

49HProtected provisions cannot be revoked or amended etc.

(1)A protected provision that is in effect cannot be amended by another Order made under section 49A except with the agreement of the provider of prescribed services to whom the Order applies.

(2)In addition, the effect of a protected provision that is in effect cannot be altered or varied by another Order made under section 49A except with the agreement of the provider of prescribed services to whom the Order applies.

(3)A protected provision cannot be revoked except—

(a)when the Pricing Order is wholly revoked because of the circumstances set out in section 49G; or

(b)with the agreement of the provider of prescribed services to whom the Order applies.

Division 2A—Monitoring compliance with Pricing Order

49IConduct of reviews into compliance with Pricing Order

(1)The Commission must, not later than 6 months after a review period, conduct and complete an inquiry under the Essential Services Commission Act 2001 and report to the ESC Minister—

(a)as to whether a provider of prescribed services to whom a Pricing Order applies has complied with the Order during the review period; and

(b)if there was non-compliance with the Pricing Order, whether that non-compliance was, in the Commission's view, non-compliance in a significant and sustained manner.

(2)Subject to this Division, an inquiry under this section must be conducted in accordance with Part 5 of the Essential Services Commission Act 2001 but sections 40 and 46 of that Act do not apply in respect of that inquiry.

(3)As part of an inquiry under this section the Commission may take into account—

(a)any findings it has made in reports on previous inquiries under this section; and

(b)the nature and details of any instance of non‑compliance with a Pricing Order by a provider of prescribed services that is the subject of a report on a previous inquiry under this section.

(4)Without limiting Part 5 of the Essential Services Commission Act 2001, a final report on an inquiry under this section must include—

(a)the Commission's findings as to whether there has been non-compliance with a Pricing Order by a provider of prescribed services that is non-compliance in a significant and sustained manner; and

(3)The service of a transferred employee with the new corporation is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an employee of the old corporation.

(4)A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old corporation because of the operation of this Part.

(5)A certificate purporting to be signed by the chief executive officer of the new corporation certifying that the person named in the certificate was, with effect from the commencement day, employed, by virtue of this section, with the new corporation, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

(6)The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee.

(7)If a transferred employee was, immediately before the appointed day an officer within the meaning of the State Superannuation Act 1988, he or she continues to be such an officer.

(8)Nothing in this section prevents—

(a)any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the commencement day; or

(b)a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the existing terms and conditions of his or her employment with the new corporation.

PART 15—TRANSITIONAL PROVISIONS—ESTABLISHMENT OF VICTORIAN REGIONAL CHANNELS AUTHORITY

180Definitions

In this Part—

commencement day means the day on which section 24 of the Port Services (Port Management Reform) Act 2003 comes into operation;

old corporation means VCA, within the meaning of this Act, as in force immediately before the commencement day;

new corporation means the VRCA, within the meaning of this Act, as in force on and from the commencement day;

transferred employee means an employee of the old corporation who is deemed to be an employee of the new corporation by section 182(1).

181Transfer of property etc. from VCA to the new corporation

Except as otherwise provided in this Act, on and from the commencement day—

(a)the old corporation is abolished and the directors go out of office; and

(b)all rights, property and assets that, immediately before the commencement day were vested in the old corporation, vest in the new corporation; and

(c)all debts, liabilities and obligations of the old corporation existing immediately before the commencement day, become debts, liabilities and obligations of the new corporation; and

(d)the new corporation is substituted as a party to any proceedings pending in any court or tribunal to which the old corporation was a party, immediately before the commencement day; and

(e)the new corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old corporation and in force immediately before the commencement day; and

(f)any reference to the old corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new corporation.

182Staff to be transferred from the old corporation to the new corporation

(1)A person who was an employee of the old corporation immediately before the commencement day is deemed to be an employee of the new corporation.

(2)A transferred employee is to be regarded as—

(a)being employed in his or her new position with effect on and from the commencement day; and

(b)having the same terms and conditions as those that applied to the person in relation to his or her employment with the old corporation immediately before the commencement day; and

(c)having accrued an entitlement to benefits in connection with the employment with the new corporation that is equivalent to the entitlement that the person had accrued, as an employee of the old corporation, immediately before the commencement day.

(3)The service of a transferred employee with the new corporation is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an employee of the old corporation.

(4)A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old corporation because of the operation of this Part.

(5)A certificate purporting to be signed by the chief executive officer of the new corporation certifying that the person named in the certificate was, with effect from the commencement day, employed, by virtue of this section, with the new corporation, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

(6)The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee.

(7)If a transferred employee was, immediately before the appointed day an officer within the meaning of the State Superannuation Act 1988, he or she continues to be such an officer.

(8)Nothing in this section prevents—

(a)any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the commencement day; or

(b)a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the existing terms and conditions of his or her employment with the new corporation.

PART 16—OTHER SAVINGS AND TRANSITIONALS

183Savings for existing local authorities

(1)Any lands or waters that were immediately before the date of commencement of section 11 of the Port Services (Port Management Reform) Act 2003 declared to be a designated port under section 111 of the Marine Act 1988 are to be deemed to be the lands and waters of a local port for the purposes of this Act.

(2)Nothing in the Port Services (Port Management Reform) Act 2003 affects the appointment or constitution of a person or body that was a local authority for lands and waters that were declared to be a designated port under section 111 of the Marine Act 1988 immediately before the date of commencement of section 11 of the Port Services (Port Management Reform) Act 2003 and that person or body is deemed to be the port manager of those lands and waters as a local port under this Act.

(3)Any delegation made or charge fixed under Part 10 of the Marine Act 1988 by a person or body referred to in subsection (2), immediately before the date of commencement of section 11 of the Port Services (Port Management Reform) Act 2003, is deemed to be a delegation made or a charge fixed (as the case requires) under the corresponding provisions of Part 2A of this Act.

184Provisions of Subordinate Legislation Act 1994 not to apply to certain ports regulations

(1)Part 2 of the Subordinate Legislation Act 1994 does not apply to a statutory rule made under this Act—

(a)if the statutory rule is made on or before 1 December 2004; and

(b)if the Minister has, before the making of the statutory rule, certified in writing that the statutory rule is the same in substance as the Marine (Designated Ports) Regulations 2004.

(2)The Minister must ensure that a copy of the certificate under subsection (1) is given to the Scrutiny of Acts and Regulations Committee as soon as practicable after the statutory rule is made.

(3)A copy of the certificate under subsection (1) must be laid before each House of Parliament at the same time as the statutory rule is so laid under section 15 of the Subordinate Legislation Act 1994.

(4)In this section—

Scrutiny of Acts and Regulations Committee means the Scrutiny of Acts and Regulations Committee established by the Parliamentary Committees Act 2003;

statutory rule has the same meaning as in the Subordinate Legislation Act 1994.

184ATransitional provisions—2012 amendments

Despite the commencement of Part 2 of the Port Management Further Amendment Act 2012, the law as in force before that commencement continues to apply to any management plan in force immediately before that commencement.

PART 17—STATION PIER—SAVINGS AND TRANSITIONAL

185Definitions

In this Part—

commencement day means the day on which Part 12 of the Transport Legislation (Amendment) Act 2004 comes into operation;

old body means the Station Pier Committee of Management Incorporated appointed by Order in Council dated 15 May 2001 and published in the Government Gazette on 17 May 2001 at page 959.

186Savings and transitional provisions for Station Pier

(1)On the commencement day—

(a)the reservation of the land described in Schedule 2 is revoked; and

(b)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that applied to the land described in Schedule 2 immediately before the commencement day are revoked, in so far as they apply to that land.

(2)This section does not affect the status or continuity of any lease or licence issued and any agreement or arrangement entered into under the Crown Land (Reserves) Act 1978 that applied to that land immediately before the commencement day.

(3)Each of the deeds or agreements or purported deeds or agreements described in Schedule 3, purportedly entered into by the old body—

(a)is deemed to be and to always have been validly entered into by the old body; and

(b)is deemed to continue in force on and from the commencement day, subject to its terms and conditions; and

(c)is deemed to have effect on and from the commencement day as if the Port of Melbourne Corporation were substituted for the old body as a party to the deed or agreement (as the case requires); and

(d)anything done or purported to have been done under each purported deed or agreement before the commencement day, that would have been validly done if the old body had had the powers conferred on the Port of Melbourne Corporation in relation to Station Pier land by Part 12 of the Transport Legislation (Amendment) Act 2004 at the time at which the thing was done, has and is deemed always to have had, the same force and effect as it would have had if the old body had had those powers at the time at which the thing was done or purported to have been done.

187Transfer of property etc. from old body to Port of Melbourne Corporation

Except as otherwise provided in this Act, on and from the commencement day—

(a)the old body is abolished; and

(b)all rights, property and assets that, immediately before the commencement day were vested in the old body, vest in the Port of Melbourne Corporation; and

(c)all debts, liabilities and obligations of the old body existing immediately before the commencement day become debts, liabilities and obligations of the Port of Melbourne Corporation; and

(d)the Port of Melbourne Corporation is substituted as a party in any proceedings pending in any court or tribunal to which the old body was a party, immediately before the commencement day; and

(e)the Port of Melbourne Corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old body and in force immediately before the commencement day; and

(f)any reference to the old body in any Act or in any proclamation, Order in Council, rule, regulations, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the Port of Melbourne Corporation.

PART 18—TRANSITIONAL PROVISIONS—TRANSPORT LEGISLATION AMENDMENT (PORT REFORMS AND OTHER MATTERS) ACT 2022

188Registered pilotage services providers taken to be issued pilotage services licence

(1)On the commencement of section 33 of the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, a pilotage services provider is taken to have been issued a pilotage services licence under Part 4B.

(2)In this section—

pilotage services provider has the same meaning as in section 3(1) of the Marine Safety Act 2010.

*                *                *                *                *

*                *                *                *                *

SCHEDULE 2

Situation and area of land	Crown Allotment 18, Section 12, City of Port Melbourne, Parish of Melbourne South, 6·867 hectares
Instrument and date of reservation	Order in Council dated 8 May 2001
Description of land by reference to Government Gazette	Government Gazette dated 10 May 2001, page 892
Purpose of reservation	Public purposes
Extent of reservation	All of the land

SCHEDULE 3—TABLE

Parties	Location	Description of purported deed or agreement
Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174)	Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office	Lease of land dated 20 May 2003
Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174)	Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office	Variation of berthing licence dated 20 May 2003
Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174)	Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office	Variation of car parking licence dated 20 May 2003
Station Pier Committee of Management Incorporated Heavenly Pier Pty Ltd (ACN 095 763 330)	Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office	Lease dated 24 December 2004
Station Pier Committee of Management Incorporated Delicarts Australia	Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office	Renewal of licence to occupy land dated 14 February 2002

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 5 October 1995

Legislative Council: 31 October 1995

The long title for the Bill for this Act was "A Bill to make further provision relating to ports, to amend the Port of Melbourne Authority Act 1958, the Port of Geelong Authority Act 1958, the Port of Portland Authority Act 1958, the Marine Act 1988 and certain other Acts and for other purposes.".

The Port Services Act 1995 was assented to on 28 November 1995 and came into operation as follows:

Part 1 (sections 1–9), section 189(7)(8) on 28 November 1995: section 2(1); sections 93, 96, 97, 99, 101–103, 105–125, 126(1)(3), 127–134, 135(2)(3)(16)(18)–(20), 136(2), 137–143, 144(7)(12)(14)(15), 145(2),

146–151, 152(14)(16)(17), 153(1), 169, 194–207, Schedule 1 on 14 December 1995: Government Gazette 14 December 1995 page 3488—see Interpretation of Legislation Act 1984; sections 18–63, 68–73, 75, 78–82, 94, 95, 104, 152(9), 155–165, 170–180 on 1 January 1996: Government Gazette 14 December 1995 page 3488; sections 10–13, 17 on 1 February 1996 Government Gazette 18 January 1996 page 93; sections 166–168 on 6 February 1996: Special Gazette (No. 6) 6 February 1996 page 1; sections 14–16, 64–67, 74, 76, 77, 83–92, 98, 100, 126(2), 135(1)(4)(6)(8)(10)(11)(14)(15), 144(2)(9)(11), 153(2), 154, 181–188, 189(1)–(6), 190–193 on 1 March 1996: Special Gazette (No. 14) 27 February 1996 page 1; sections 136(1), 144(1)(4)(6)(10) on 1 July 1996: Special Gazette (No. 58) 28 May 1996 page 1; sections 145(1), 152(1)(4)–(7)

(10)–(13) on 26 June 1996: Special Gazette (No. 71) 25 June 1996 page 1; sections 135(9)(12)(13), 144(8), 152(8) on 19 June 1997: Government Gazette 19 June 1997 page 1385;

Sections 126(4), 135(5)(7)(17), 136(3), 144(3)(5)(13), 145(3), 152(2)(3)(15) never proclaimed, repealed by section 9(3) of No. 63/1997.

The title of this Act was changed from the Port Services Act 1995 to the Port Management Act 1995 by section 24 of the Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Port Management Act 1995 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Port Management Act 1995, No. 82/1995

Assent Date:	28.11.95
Commencement Date:	S. 189(6) inserted on 1.7.22 by No. 19/2022 s. 67: General Gazette 23.6.22 p. 2737
Note:	S. 189(6) repealed s. 189 on 1.7.24
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Melbourne City Link Act 1995, No. 107/1995

Assent Date:	12.12.95
Commencement Date:	S. 127 on 14.12.95: Special Gazette (No. 120) 14.12.95 p. 3
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Superannuation Acts (Amendment) Act 1996, No. 4/1996

Assent Date:	18.6.96
Commencement Date:	S. 134(10) on 18.6.96: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Statute Law Revision (Marine) Act 1996, No. 27/1996

Assent Date:	24.9.96
Commencement Date:	S. 3 on 16.11.95: s. 2(2); ss 4(2), 5 on 14.12.95: s. 2(3); s. 4(1) on 1.3.96: s. 2(4); rest of Act on 24.9.96: s. 2(1)
CurrentState:	All of Act in operation

Port Services and Marine (Amendment) Act 1996, No. 51/1996

Assent Date:	26.11.96
Commencement Date:	S. 13 on 14.12.95: s. 2(2); rest of Act on 26.11.96: s. 2(1)
CurrentState:	All of Act in operation

Port Services (Amendment) Act 1997, No. 63/1997

Assent Date:	5.11.97
Commencement Date:	S. 9(2) on 28.11.95: s. 2(2); ss 6(1)(2), 7, 8 on 9.12.97; ss 3–5, 9(3) on 10.12.97: Government Gazette 4.12.97 p. 3290; s. 6(3)(4) on 1.7.99: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998

Assent Date:	26.5.98
Commencement Date:	S. 47 on 26.5.98: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 46) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 57) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 92) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Essential Services Commission Act 2001, No. 62/2001

Assent Date:	23.10.01
Commencement Date:	Ss 86–88 on 1.1.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Marine (Further Amendment) Act 2001, No. 77/2001

Assent Date:	27.11.01
Commencement Date:	S. 32(4) on 7.2.02: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003

Assent Date:	13.5.03
Commencement Date:	Ss 3–17, 24, Sch. on 1.7.03: s. 2(1); ss 18–23 on 3.11.03: Government Gazette 30.10.03 p. 2744
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Port Services (Port Management Reform) Act 2003, No. 85/2003

Assent Date:	11.11.03
Commencement Date:	Ss 3, 4, 7, 8, 12–17, 20–22 on 12.11.03: s. 2(1); ss 5(2)(3), 9, 23, 26(1), 29 on 1.1.04: Government Gazette 18.12.03 p. 3208; ss 10, 24, 26(2), 30 on 1.4.04: Government Gazette 1.4.04 p. 714; ss 5(1), 6, 11, 18, 19, 25, 27, 28 on 1.7.04: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Marine (Amendment) Act 2004, No. 9/2004

Assent Date:	11.5.04
Commencement Date:	S. 30 on 12.5.04: s. 2(1); ss 26–29 on 1.7.04: Government Gazette 1.7.04 p. 1843
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Essential Services Commission (Amendment) Act 2004, No. 75/2004

Assent Date:	9.11.04
Commencement Date:	Ss 68–75 on 10.11.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Occupational Health and Safety Act 2004, No. 107/2004

Assent Date:	21.12.04
Commencement Date:	S. 184 on 1.7.05: s. 3(1)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 159) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation (Amendment) Act 2004, No. 110/2004

Assent Date:	21.12.04
Commencement Date:	Ss 58–62(Sch.) on 1.2.05: Government Gazette 20.1.05 p. 94
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 85) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Port Services Amendment Act 2007, No. 63/2007

Assent Date:	4.12.07
Commencement Date:	Ss 3–18(Sch.) on 1.1.08: Government Gazette 20.12.07 p. 3118
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 48) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009

Assent Date:	12.5.09
Commencement Date:	Ss 6–9 on 13.5.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 43) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009

Assent Date:	15.12.09
Commencement Date:	S. 11 on 31.3.10: Special Gazette (No. 110) 30.3.10 p. 1; ss 10, 12–14 on 1.11.10: Government Gazette 21.10.10 p. 2531
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	Ss 24(5)(Sch. 1 item 10), 203(1)(Sch. 6 item 36) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010

Assent Date:	17.8.10
Commencement Date:	Ss 24–41 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Marine Safety Act 2010, No. 65/2010 (as amended by No. 78/2011)

Assent Date:	28.9.10
Commencement Date:	Ss 418, 419 on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 35 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011

Assent Date:	23.8.11
Commencement Date:	Ss 22–34 on 1.1.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011

Assent Date:	13.12.11
Commencement Date:	Ss 50–53 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Port Management Amendment (Port of Melbourne Corporation Licence Fee) Act 2012, No. 8/2012

Assent Date:	6.3.12
Commencement Date:	Ss 4, 5 on 1.7.12: s. 2(2)
CurrentState:	All of Act in operation

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 35) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Port Management Further Amendment Act 2012, No. 54/2012

Assent Date:	18.9.12
Commencement Date:	Ss 4–17 on 14.11.12: Special Gazette (No. 373) 7.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment (Marine Drug and Alcohol Standards Modernisation and Other Matters) Act 2012, No. 66/2012

Assent Date:	7.11.12
Commencement Date:	S. 28 on 1.12.12: Special Gazette (No. 373) 7.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 38) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Emergency Management Act 2013, No. 73/2013

Assent Date:	3.12.13
Commencement Date:	S. 99 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 128) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 21) on 30.6.14: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 14) on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 39) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016

Assent Date:	22.3.16
Commencement Date:	Ss 94(1)(b)(2), 95–98, 103–122, 131–153, 155–157 on 7.6.16: Special Gazette (No. 177) 7.6.16 p. 1; ss 94(1)(a), 99–102, 123–130, 154 on 1.7.16: Special Gazette (No. 177) 7.6.16 p. 1; s. 179(Sch. 1 item 7) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017

Assent Date:	14.2.17
Commencement Date:	S. 50(Sch. 1 item 5) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	S. 89 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Ports and Marine Legislation Amendment Act 2017, No. 55/2017

Assent Date:	8.11.17
Commencement Date:	Ss 43−51 on 31.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017

Assent Date:	19.12.17
Commencement Date:	S. 124 on 20.12.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	S. 248 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Marine and Coastal Act 2018, No. 26/2018

Assent Date:	26.6.18
Commencement Date:	S. 97 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 51 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019

Assent Date:	20.8.19
Commencement Date:	S. 28 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 34) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021

Assent Date:	19.10.21
Commencement Date:	Ss 135–138 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date:	24.5.22
Commencement Date:	Ss 34–58, 61, 67 on 1.7.22: Government Gazette 23.6.22 p. 2737; ss 32, 33, 59, 60, 62–66 on 1.3.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	S. 127(Sch. 1 item 9) on 22.11.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Port Management Act 1995

State Electricity Commission Amendment Act 2024, No. 11/2024

Assent Date:	26.3.24
Commencement Date:	Ss 104–106 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	Ss 25–28, 38, 39, 47, 106(Sch. 1 item 33) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Port Management Act 1995

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 62(5) (repealed): The amendment proposed by section 239(Schedule 6 item 35) of the Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 is not included in this publication due to the earlier repeal of section 62 by section 52 of the Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011.

Schedule 6 item 35 read as follows:

35Port Management Act 1995

35.1In section 62(5), for "Trade Practices Act 1974" substitute "Competition and Consumer Act 2010".

[2] S. 73ZC: The amendment proposed by section 127(Schedule 1 item 9.5(a)) of the Transport Legislation Amendment Act 2023, No. 34/2023 is not included in this publication because there is no definition of pilotage service standards in section 73ZC.

Schedule 1 item 9.5(a) read as follows:

9Port Management Act 1995

9.5In section 73ZC—

(a)in the definition of pilotage service standards, for "section 73ZK;" substitute "section 73ZK.";